Title 100 · ORS Chapter 100
(1) and any other legal proceeding relating to the condominium or
Citation: ORS 100.550
Section: 100.550
100.550 (1) and any other legal proceeding relating to the condominium or association; and
����� (f) The number and type of units as follows:
����� No._____ Living Units
����� No._____ Commercial/Office Units
����� No._____ Other (describe) ________
����� ________________________
����� (2) The Annual Report required under ORS 100.250 (1)(b) must set forth:
����� (a) The information required under subsection (1)(a), (b), (c) and (e) of this section;
����� (b) The names and addresses of the secretary and the chairperson or president of the association; and
����� (c) If the designated agent is changed, a statement that the new agent has consented to the appointment.
����� (3) The amendment required under ORS 100.250 (1)(c) must set forth:
����� (a) The name of the association as shown on the current records of the Real Estate Agency;
����� (b) The name of the condominium and county in which the condominium is located;
����� (c) A statement of the information as changed; and
����� (d) If the current designated agent is to be changed, the name of the new designated agent and residence or business address, including the street and number, and a statement that the new agent has consented to the appointment.
����� (4) The filing by the Real Estate Agency of an amendment that changes the designated agent must terminate the existing designated agent on the effective date of the filing and establish the newly appointed designated agent as that of the association.
����� (5) The reports and amendment described in this section and an application for termination described in ORS 100.280 must be made in a format prescribed and furnished by the Real Estate Agency and must be accompanied by the correct filing fee and shall:
����� (a) Contain information current as of 30 days before delivery for filing;
����� (b) Be executed by the declarant until the turnover meeting and thereafter by the secretary, president or chairperson of the association;
����� (c) State beneath or opposite the signature the name of the person and the capacity in which the person signs; and
����� (d) As required or allowed by rule of the Real Estate Agency:
����� (A) Contain any necessary additional identifying information; and
����� (B) Be completed by electronic communications, including receipt of the filing fee. [1989 c.595 �40; 1995 c.31 �6; 2001 c.756 �38; 2019 c.69 �42; 2019 c.403 �1a]
����� Note: See note under 100.250.
����� 100.265 Annual Report; notification; filing. (1) Not less than 30 days before the report date, the Real Estate Agency shall notify the association of the pending Annual Report filing requirements and indicate the date by which the report is due. By rule, the agency may send this notice by first-class mail or electronic mail to the association�s address in the current records of the agency. Failure of the association to receive the notice does not relieve the association of its duties under ORS 100.250 (1).
����� (2) After the report date, if no Annual Report has been delivered for filing, the Real Estate Agency shall send to the designated agent a notice of delinquency notifying the association that the filing shall be designated �delinquent� unless a report is filed within 45 days after the mailing of such notice.
����� (3) When an association has been given a notice of delinquency in accordance with subsection (2) of this section and failed to correct the delinquency within 45 days:
����� (a) The Real Estate Agency shall designate the filing �delinquent.�
����� (b) If within 30 days after written notice has been given to the association by the opposing party in any suit or action to which the association is a party, the association has not complied with the filing requirements of ORS 100.250 (1), the association may not continue to prosecute or defend such suit or action until the filing is designated �current� as provided in ORS 100.255. A copy of such notice shall be delivered to the Real Estate Agency. The Real Estate Agency shall retain such copy with the filing for the association for a period of not less than 12 months. [1989 c.595 �41; 1995 c.31 �7; 2019 c.403 �2]
����� Note: See note under 100.250.
����� 100.275 Application of ORS 100.250 to 100.280. (1) Subject to ORS 100.550 (3), ORS 100.250 to 100.280, including the filing of a Condominium Information Report described in ORS 100.260 (1), apply to property submitted to the provisions of this chapter before October 3, 1989, if:
����� (a) The board of directors of the association receives a written request to comply with such sections from at least one unit owner or holder of a first mortgage or deed of trust on a unit;
����� (b) The board of directors of the association adopts a resolution to comply with such sections in accordance with the bylaws;
����� (c) The association is a party to a suit or action, the person designated in the declaration under ORS 100.105 (1)(L), the chairperson, president or secretary receives written notice to comply with such sections from any other party to such suit or action. A copy of the notice must be delivered to the Real Estate Agency. The Real Estate Agency shall provide a copy of the filed report to the requesting party and may charge the association a fee for cost of such action. If the association fails to deliver for filing such report, the provisions of ORS 100.265 (3) apply; or
����� (d) A filing is required to comply with the requirements of ORS 100.120, 100.135 or 100.450.
����� (2) The Condominium Information Report required under subsection (1) of this section must be executed by the association. [1989 c.595 �42; 1995 c.31 �8; 2001 c.756 �60; 2007 c.410 �18; 2019 c.69 �43; 2019 c.403 �3]
����� Note: See note under 100.250.
����� 100.280 Termination of filing Condominium Information Report. (1) An association may apply to the Real Estate Agency to terminate a filing under ORS 100.250 (1). The application shall satisfy the requirements of ORS 100.260 (5) and set forth:
����� (a) The name of the association as shown on the current records of the Real Estate Agency;
����� (b) The name of the condominium and county in which the condominium is located;
����� (c) The name and residence or business address, including the street and number, of a designated agent to whom a person initiating any proceeding may direct service for a period of two years; and
����� (d) A commitment to notify the Real Estate Agency for a period of two years from the date of termination of any change of the person or address stated in paragraph (c) of this subsection.
����� (2) A copy of the instrument of termination, evidencing the recording index numbers, recorded under ORS 100.600, shall be delivered with the application.
����� (3) Upon filing by the Real Estate Agency of the application to terminate the filing, the duty of the association to comply with ORS 100.250 (1) shall cease. [1989 c.595 �43; 1995 c.31 �9]
����� Note: See note under 100.250.
����� 100.285 Resignation of designated agent; procedures; effective date. (1) The designated agent of the association may resign as agent by delivering a signed statement of resignation to the Real Estate Agency together with the filing fee prescribed in ORS